- 1 - NC: 2025:KHC:357 CRL.P No. 14213 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14213 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. MOHAMMED RASOOL S/O MOHAMMED SALEEM, AGED ABOUT 25 YEARS, RESIDING AT NO.151, 4TH CROSS, NEAR MOHAMADIYA MASJID, SHANTHI NAGAR, MYSURU CITY-570 024. …PETITIONER (BY SRI. RAJA K.P., ADVOCATE) AND: STATE BY NARASIMHARAJA POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.581/2024 ARISING OUT OF CRIME NO.106/2024 FOR AN OFFENCE PUNISHABLE UNDER SECTION 21(C) OF NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 OF NARASIMHARAJA P.S., MYSURU CITY, NOW CASE IS PENDING BEFORE LEARNED VII ADDL. DISTRICT AND SESSIONS JUDGE AT MYSURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:357 CRL.P No. 14213 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by accused No.2 praying to enlarge him on bail in Cr.No.106/2024 of Narasimharaja Police station, Mysuru, registered for the offence punishable under Section 21(C) and 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 2. It is the case of prosecution that on 11.7.2024 at about 4.30 p.m., accused Nos.1 to 3 who were present behind the RTO office, Hale Kesere Road, Devanuru village, Mysuru City, on seeing the police, threw something and tried to escape. They were surrounded and apprehended by the police. It was found that the packet which was thrown by accused No.1 contained some white - 3 - NC: 2025:KHC:357 CRL.P No. 14213 of 2024 powder and subsequently on FSL examination, it was confirmed that the said substance was Methamphetamine. 3. According to prosecution, accused Nos.1 to 3 were in possession of Methamphetamine drug weighing about 11.52 miligrams, which is a commercial quantity, valued at Rs.75,000/-. 4. Learned High Court Government Pleader has contended that there is a prima facie case against the petitioner and the drug which was in possession of the accused being a commercial quantity, petitioner is not entitled for the relief of bail as there is a bar to grant bail under of Section 37 of the NDPS Act. 5. A careful perusal of the entire material on record goes to show that it was accused No.1 who threw the packet containing the alleged drug. It is specifically stated that it was the said accused after seeing the police threw the packet containing white powder, which was later confirmed to be Methamphetamine. Insofar as the petitioner who is arraigned as accused No.2 is concerned, - 4 - NC: 2025:KHC:357 CRL.P No. 14213 of 2024 it is not stated that he too was in possession of the contraband. Merely because the petitioner was seen along with accused No.1 and tried to flee away, it cannot be said that there is a prima facie case against the petitioner. No criminal antecedents against him are brought to the notice of the Court. He has undertaken to furnish sufficient surety for his regular presence before the trial Court. Charge sheet is already filed. Hence, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.2 in Cr.No.106/2024 of Narasimharaja Police Station, Mysuru, in Spl.C.No.581/2024 pending on the file of the Court of VII Additional District and Sessions Judge, at Mysuru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the - 5 - NC: 2025:KHC:357 CRL.P No. 14213 of 2024 likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 59